A Jurisprudential Analysis Of Validity And Effects Of The Arbitration Clause In B/L

Compared with the arbitration clause in general contracts, the one in bill of lading has specialties of validity and effects because of its complicated legal relations. These specialties are the kernel that is deeply analyzed in this text certainly, however, the content of this text is not only the narrow discussion of the specialties, but also extents to the basic theoretical issues of the general arbitration clauses even the whole arbitration law, including discussion of the details of the arbitration clauses in B/L by applying the jurisprudence of the arbitration. So in this text the discussion of the general arbitration clauses or arbitration law can be found, but it doesn't mean deviating from the theme. The train of the thought along the discussion is that, from the contract point, namely the validity and effects of the arbitration clause in B/L, many focal issues of the Chinese arbitration legislation will be discussed, for example, the non-internalization of the arbitration rules, the ac hoc arbitration, the principle of self-decision on the arbitration jurisdiction etc.The research on the arbitration clause in B/L is based on the cases in UK and USA. However, in the mainland of China the academic circle hasn't deeply researched on the issue. The domestic academic circle of the arbitration law hasn't paid enough attention to the arbitration clause in B/L, and the circle of the maritime hasn't full knowledge of it in practices. Therefore, in this text the question that how to resolve the practical problems will be not emphasized, but each detail in the text will be discussed emphatically by a way of applying the jurisprudence of the arbitration law.The following are construction of the text and abstracts of all chapters.The introduction is relevant to research aim of this text, present situation of the research in China and other countries, frameworks of the dissertation and differentiating of several important conceptions.Chapter one is divided into two parts. In Section one the validity of arbitration clause in B/L is discussed, including essential elements of the validity. Section two is relevant to the autonomy of the arbitration clause in B/L. In Section one four essential elements will be concretely analyzed, namely capacity of parties, will, form and content, therein two focal questions will be discussed in wide place, which are relevant to whether the written form of the arbitration clause in B/L can be explained wider extensively, and whether obligations of carriers can be lightened by the clause.In Chapter two the issue discussed is the confirmation of the validity of arbitrationclause in B/L. In Section one that concerns the confirmation organizations, relation isdiscussed which is between arbitration commission that in our country peculiarly exits and forum when they confirm the validity of arbitration clause. Section two is relevant to applicable law of the validity of arbitration clause. Although the applicable law is similar to these ones of general arbitration clauses, the arbitration clause in B/L has its own application rules. Therefore they shouldn't be viewed as the same thing. In addition, in Section three several judicial interpretations, cases and ways of improvement are listed which are relevant to defective arbitration clauses. They are kept for reference of the arbitration clause in B/L.In Chapter three effects of arbitration clause in B/L is discussed. Therein effect on the parties is relevant to three concrete aspects, namely effect on the holder of B/L, effect on the carrier agent and effect on the arbitration procedure. Effect on the board of arbitration (arbitration tribunal) concerns coordination of arbitration jurisdictions and the principle of self-decision on arbitration jurisdiction. Concerning effect on forum the issue about the harmonization between effects of arbitration clause in B/L and maritime preservation claim is specially discussed.Chapter four is relevant to the special form of the arbitration clause in B/L, namely the arbitration clause in...